64AVarying determination so that a limit of 50 hours in a week applies

64A Varying determination so that a limit of 50 hours in a week applies

Determination to which this section applies (1) This section applies to a determination of a weekly limit of hours: (a) in force under section 50H in respect of a claimant who is an individual and a child; or (b) in force under section 54C, in respect of a claimant that is an approved child care service and a child. Variation by Secretary on application (2) A determination to which this section applies may be varied by the Secretary on application so that a limit of 50 hours in a week applies if: (a) a circumstance listed in subsection 54(2), (3), (4), (5), (6), (7), (8), (9), (12), (13) or (14) of the Family Assistance Act applies in the week; and (b) a limit of more than 50 hours does not apply in the week; and (c) a 24 hour care limit does not apply in the week. Who may apply (3) An application under subsection (2) must be made by: (a) the claimant, if a circumstance listed in subsection 54(2), (3), (4), (5), (6), (7), (8), (9), (13) or (14) of the Family Assistance Act applies in the week; or (b) the approved child care service providing care to the child, if a circumstance listed in subsection 54(12) of that Act applies in the week. Variation is taken to have been made if an approved child care service gives certificate (4) A determination to which this section applies is taken to have been varied so that a limit of 50 hours in a week applies if the approved child care service providing the care to the child gives a certificate under subsection 54(10) of the Family Assistance Act in respect of the week. Section 59F and 62C variations prevail (5) If: (a) when a variation under subsection (2) takes place, a variation is in force under section 59F or 62C; and (b) the variation under section 59F or 62C has effect for any period when the variation under this section would have effect; the variation under section 59F or 62C prevails over the variation under this section unless the variation under this section takes place because a circumstance listed in subsection 54(12) of the Family Assistance Act applies in a week.